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What Are the Legal Standards for a California Car Accident Lawsuit?
California negligence laws state that negligent drivers are liable for any damages and/or injuries they cause in the event of an accident. However, if you are injured in a California car accident you must be able to prove that the other driver was negligent in order to receive any compensation.
In California, the legal standard for negligence in a car accident is:
- The at-fault party owed the injured person a duty of care
- The at-fault party violated that duty of care by being negligent
- Their negligence caused the injured party’s damages and injuries.
When you hire one of the Hesperia, California car accident lawyers at AttorneyJeff Car Accident Lawyer, they will assist you in proving all the above standards to make sure you receive fair compensation for your car accident injuries and/or damages.
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No upfront costs to you or your family. We strive to recover fair and equitable compensation for our clients.
Who is At-Fault in A California Car Accident?
The state of California is a pure comparative negligence state. This means that California courts all injured parties to collect their damages even if they are found to be 99% at fault for an accident.
However, the California courts will reduce your monetary compensation for damages by your percentage of fault. For example, if you were found to be 25% at fault for your Hesperia, California car accident, you would only receive 75% of your reward. The higher your percentage of fault, the smaller your recovery amount will be.
Negligence in a California car accident takes many forms. Common negligent causes of car accidents in Hesperia and throughout California include, but aren’t limited to:
- Careless Driving
- Distracted Driving
- Driving Under the Influence of Drugs and/or Alcohol
- Failure to Yield the Right-Of-Way
- Running a Stop Sign or Red Light
- Speeding
- Texting While Driving
What Are the Common Causes of Car Accidents in Hesperia?
The experienced Hesperia, California car accident lawyers at AttorneyJeff Car Accident Lawyer can help build a strong case for the other driver’s negligence. Negligence can take many forms. Common causes of car accidents include, but aren’t limited to:
Rear-End Collision
When you are struck from behind by another driver, this type of accident can range from a minor fender bender to causing you to suffer severe injuries. It all depends on the speed at which your vehicle was struck. Normally, in rear-end collisions, the driver who his you will be at fault. However, if you were moving in reverse at the time of the accident, you could be found to be at-fault.
T-Bone Accident
In California and elsewhere, a T-bone accident may be referred to as a side-impact collision. This type of accident takes place when one vehicle is hit by the front or back of another vehicle. Broadside collisions happen frequently in California and all parties involved could suffer severe injuries.
Sideswipe
In a California sideswipe car accident, one vehicle’s side hits the side of another vehicle while travelling in the same direction. Many times these types of accidents are caused by California drivers who fail to check their mirrors or blind spots before changing lane. At high rates of speed, these types of car accidents can cause you to suffer severe injuries.
Head-On
A head-on car accident takes place when two motor vehicles crash into each other while traveling in opposite directions. Even at low speeds, a head-on car accident can result in catastrophic injuries or death.
Single Vehicle Accident
A single-vehicle accident involves only one car. Normally it’s a single car running into an immobile object like a road sign, tree, or veering off the highway. Most single vehicle accidents in California can be attributed to fatigue or driving while under the influence of drugs and/or alcohol, unsafe road conditions, or weather.
Rollover Accident
In California and elsewhere, a rollover accident happens when a car is flipped over due to leaving the roadway or a collision. These types of accidents in California generally cause severe injuries or even death.
Hit and Run Accident
When a California driver causes an accident or is involved in a car accident and leaves the scene this is considered a hit-and-run accident and is against the law in California. The failure to stop at a car accident can cause that driver to receive a ticket and criminal hit-and-run charges.
Uber Accidents
As Uber gains in popularity, the number of these vehicles being involved in car accidents is also rising. Additionally, insurance companies aren’t always providing the proper amount of compensation to the victims of these accidents in California.
Lyft Accidents
It’s important to remember that Lyft is a ride-sharing app is a technology company, not a taxi service. Normally you would file a claim against the automobile coverage of your driver instead of the company. However, the problem with that is, many times the driver’s personal Hesperia, California insurance company will deny your claim because they may not cover the driver while they are working for Lyft. If you’ve been injured in a Hesperia Lyft accident it’s important you speak with an attorney as accidents involving ridesharing companies are more complex than a traditional car accident involving two individuals.
Rental Car Accidents
Rental car accident law in Hesperia, California can be complicated and complex. You will need a skilled and knowledgeable Hesperia rental car accident lawyer with the experience you need.
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No upfront costs to you or your family. We strive to recover fair and equitable compensation for our clients.
Most Common Car Accident Injuries in California?
In California and across the United States, car accidents are one of the most common causes of all personal injury cases. Some of the most common car accident injuries in Hesperia and throughout California include, but aren’t limited to:
Brain Injuries
In the United States, over 17% of all traumatic brain injuries are caused by motor vehicle accidents. Traumatic brain injuries happen when a quick movement of your skull causes your brain to move and hit the hard inner surfaces of your skull. A traumatic brain injury can cause such things as bleeding, swelling, and bruising or your brain and other conditions like a fractured skull. There are times when a traumatic brain injury can cause you to lose consciousness immediately.
Traumatic brain injuries require immediate medical treatment and can also require a lot of follow-up care and diagnostic testing. The most severe traumatic brain injuries may require a lifetime of care and rehabilitation.
Broken Bones
Your legs and arms are especially vulnerable when you are involved in a Hesperia, California car accident. Many times such injuries require emergency medical treatment, surgery, rehabilitation and follow-up treatments.
Bone fractures can also lead to infections, and you may require physical therapy, and multiple surgeries to restore some level of function. In severe broken bone cases, you may be facing an amputation which can lead to significant impairment and a vastly decreased quality of life.
You may have difficulty performing basic everyday tasks or being able to work. Minor fractures normally aren’t difficult to treat but might require significant rehabilitation and healing in order for you to return to normal function.
Facial Injuries
Facial injuries can and do include scrapes, cuts, bruises, fractures, burns, deep laceration, dental and/or jaw damage. Lacerations in the form of deep cuts, punctures or scrapes are extremely common even in minor California car accidents. The soft tissue of your face can be especially vulnerable to injury from such things as flying debris, glass, personal items, etc. In severe cases, you may suffer from broken facial bones and serious punctures from sharp objects.
Depending on the type of facial injury you suffer in your Hesperia, California car accident, your facial injuries may require cosmetic and/or reconstructive surgery to restore normal function and the aesthetic of your face. If you break or dislocate your jaw, you could require a lengthy time for treatment, rehabilitation, and recovery.
Psychological Trauma
Even if you didn’t suffer severe physical injuries in your Hesperia, California car accident, you could still suffer one or more psychological conditions as a result of your accident. Post-Traumatic Stress Disorder (PTSD) is quite common after a California car accident and oftentimes requires treatment of a qualified mental health professional. If you have PTSD, you may suffer from severe distress that is severe enough that you may require years of treatment to return to normal.
Other psychological injuries may include such things as panic attacks, anxiety, and depression. These injures may be attributed to the Hesperia car accident or because of your recovery. Psychological injuries are oftentimes difficult to treat. You may need therapy, medication, and a long recovery time in order to return to your pre-accident mental state. If you have suffered a psychological injury due to your California car accident, you may receive monetary compensation.
What Kind of Damages Can I Recover if I’m Involved in a Car Accident?
In a California car accident, damages arise due to your injuries and other losses you may have suffered. When filing a claim for personal injury due to a Hesperia car accident you should request the maximum monetary compensation available from the at-fault party.
In California, damages from a car accident can be both economic and non-economic. Economic damages will have an exact dollar value such as vehicle repairs and medical expenses. Non-economic damages can be hard to put a dollar figure on and include such things as pain and suffering.
Common damages in a California car accident may include, but may not be limited to:
- Medical Expenses
- Future Medical Treatment and Care
- Car Repair or Replacement Costs
- Lost Income
- Loss of Future Earning Capacity
- Emergency Medical Attention
- Physical and/or Occupational Therapy
- Medication, Medical Supplies, and Medical Equipment
- Pain and Suffering
- Mental Anguish
- Loss of Limb Compensation
- Disfigurement or Scar Compensation
Depending on the individual circumstances of your Hesperia, California car accident you may also be able to receive punitive damages. Punitive damages, also referred to as exemplary damages, are available when the driver who caused your accident was reckless, intentionally tried to hurt someone or is guilty of a hit-and-run accident.
Punitive damages are not awarded with the intent to compensate the injured victim but rather to punish the at-fault party.
How Do I Know If I Have a Valid California Car Accident Claim?
If you or a loved one was recently involved in a California car accident, you could be confused about whether or not you have a valid claim for compensation. You aren’t alone, the Hesperia, California car accident attorneys at AttorneyJeff Car Accident Lawyer are here to assist you. In order to be able to obtain damages your California car accident must meet both of the following:
- Your California car accident was caused by someone else’s negligence
- As a result of someone else’s negligence you or a loved one suffered severe physical injuries.
Our experienced Hesperia, California car accident attorneys can answer all your questions about how negligence is established and what it means for your injury to be classified as severe.
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No upfront costs to you or your family. We strive to recover fair and equitable compensation for our clients.
Do I Need a California Car Accident Attorney if My Accident Was Minor?
If you or a loved one is involved in a minor Hesperia, California car accident, you may not need a car accident lawyer. However, it’s always prudent to talk to a California car accident attorney to find out whether or not you have a case instead of leaving a lot of money on the table. If you don’t meet with a California car accident attorney you will never know how much compensation you may have received for your Hesperia, California car accident injuries.
What Happens if My Hesperia Car Accident is Severe?
If you or a loved one has been involved in a severe California car accident, it is to your benefit to contact an experienced car accident lawyer. More often than not, the insurance company’s adjuster will attempt to take advantage of you if you don’t have the benefit of being represented by a California car accident attorney.
It’s important to remember that insurance companies are in business to make a profit and they hate to pay out money.
Do I Need a Hesperia Car Accident Lawyer?
In the aftermath of your Hesperia, California car accident, you will face a lot of challenging decisions. It may be hard for you to deal with your injuries and lost wages.
The experienced Hesperia, California car accident lawyers at AttorneyJeff Car Accident Lawyer can help you set a plan in motion to assist you in your recovery. Having an experienced California car accident lawyer by your side to protect your rights can give you peace of mind so you and your family can focus on your recovery. Contact us today!